FiredupinCA

Cavalry/Winn Lawsuit in California

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I'm still uneasy, terrified of defending myself in court and really just want it dismissed before the, fingers crossed!

I'll be doing a lot of reading this weekend.  Thanks again, you guys are simply the best!

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I won't say it's not terrifying because it is. But now you have some experience before the judge and you didn't freeze, that's big. 

You will see that the more you know the more confident you will be. And let's hope that the knowledge you gain wing have to be put to the test. We are all going for the best with you 

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I sent the BOP and POS Saturday.  I've read through the homelessinca thread and was so happy they won I got misty eyed.  I also read all the great info astmedic posted.

I received discovery today dated a day before the CM last week, which I thought was a bit strange. 

I know I need to respond within 30 days, but is it 30 days from the day it's dated or the day I received it?

I've been reading and researching all day and feel much better about everything than before I started, but now I'm so overwhelmed with everything I've read and am just burnt, so I'm unsure as how to respond, what to say, etc.

They are requesting the following:

Form Interrogatories - I'm guessing I only need to answer the checked boxes, but not even all of those seem relevant. 

Special Interogatories - confuses me and I don't understand how I'm to respond or what I'm to do with it.  It doesn't even really seem as though a response is needed nor is it clear what it's about.  Does it go along with the Form Interrogatories and how I'm to answer those?

Request for Admissions - seems pretty straight forward - I deny everything correct?

They provided 11 random months worth of statements from 4 different years.

For my sanity, I'm walking away from the computer for today, but would greatly appreciate guidance as to how to proceed, etc.

 

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I know I need to respond within 30 days, but is it 30 days from the day it's dated or the day I received it?

 

You have 30 days from the date of service. And 5 additional days since it was served by mail

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Request for Admissions - seems pretty straight forward - I deny everything correct?

 

You do, but there is a code specify way to answer those. 

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Type the request, interrogatories, and the form interrogatories and we'll assist you answering those. Type then as best as you can but be vague as to the amounts dates and acct numbers

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Do I get an additional 5 days receiving and sending via USPS for a total of 40 days or 35?

I'm not sure if it matters or not, but it says, Limited Civil Matter and the case is an Unlimited case. 

The BOP info is due from them on the 1st.   Should I wait until after that time to send my responses or send them ASAP?

My proposed answers are in red.  I'm assuming I put the answers on pleading paper when I return them. 

REQUEST FOR ADMISSIONS:

1.  Admit the genuineness of the docs attached, monthly statements for OC C/C with the account # XXXX

Defendant objects to this Request For Admission on the ground that the information known or readily obtainable by her is insufficient to accurately respond to this request.  Defendant has no way to verify the records of the Plaintiff, nor any way to determine the truthfulness or veracity of any alleged “copies” of those records. Therefore the request is improper as it exceeds the boundaries of permissible discovery. Without waiving forgoing objection Defendant states she has not seen the exhibit documents before this filing, and has no way to determine if they are true and correct copies of an account. Defendant has no records to support Plaintiff’s document. Based on the foregoing, Defendant responds as follows: DENIED

2.  You applied for and opened a CC account with OC.

Defendant objects to this Request on the ground that it is vague and ambiguous in its use of the word ”account”. Use of the term “account” is particularly vague in the context of this litigation because Plaintiff has not yet responded to Defendant’s Bill of Particulars seeking to identify the “account”.  Without waiving the foregoing objections, Defendant responds as follows: DENIED

3.  A CC was issued to you by OC with the account # XXXX.

Defendant objects to this Request For Admission on the ground that the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is lacking a full and complete accounting regarding the alleged debt; any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's Bill of Particulars seeking such factual information. Without waiving the foregoing objections, Defendant states she has no records to support Plaintiff’s allegation. Based upon the foregoing, Defendant responds as follows: DENIED.

4.  You used the CC and made charges and made payments to the OC.

Defendant objects to this Request For Admission on the ground that the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is lacking a full and complete accounting regarding the alleged debt; any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's Bill of Particulars seeking such factual information. Without waiving the foregoing objections, Defendant states she has no records to support Plaintiff’s allegation. Based upon the foregoing, Defendant responds as follows: DENIED.

5.  Monthly billing statements attached were mailed to you at (my address) indicating monthly debits, credit and payments made on the account.

Defendant objects to this Request For Admission on the ground that the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is lacking a full and complete accounting regarding the alleged debt; any agreement giving rise to the alleged debt and Plaintiff has not yet responded to Defendant's Bill of Particulars seeking such factual information. Without waiving the foregoing objections, Defendant states she has no records to support Plaintiff’s allegation. Based upon the foregoing, Defendant responds as follows: DENIED.

6.  You were mailed and received a cardholder agreements for this OC.

Defendant objects to this Request For Admission on the ground that the information known or readily obtainable by her is insufficient to accurately respond to this request.  Defendant states she has not seen the exhibit documents before this filing and Defendant has no records to support Plaintiff’s allegation. Based upon the foregoing, Defendant responds as follows: DENIED

7.  The date of last payment or transaction occurred (lists date) on the OC.

Defendant has no records to support Plaintiff’s allegations. Based on the foregoing, Defendant responds as follows: DENIED Defendant objects to this Request For Admission on the ground that the information known or readily available by her is insufficient to accurately respond to this request. Plaintiff has not yet responded to Defendant’s Bill of Particulars regarding an accounting of the alleged debt; any agreement giving rise to the alleged debt and Plaintiff assumes disputed facts and facts not in evidence.

 

8.  On (specific date after date below) you were indebted to OC the sum of (lists amt) on an account stated for charges to your OC.

Defendant objects to this Request For Admission on the ground that after reasonable inquiry and diligent search, the information known or readily available by her is insufficient to accurately respond to this request.  Plaintiff has not yet responded to Defendant’s Bill of Particulars regarding an accounting of the alleged debt; any agreement giving rise to the alleged debt and Plaintiff assumes disputed facts and facts not in evidence.  Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to OC credit card.  Based on the foregoing, Defendant responds as follows: DENIED 

9.  On (specific date before date above) you were indebted to Plaintiff the sum of (lists amt) on an account stated for charges to the account.

Defendant objects to this Request For Admission on the ground that after reasonable inquiry and diligent search, the information known or readily available by her is insufficient to accurately respond to this request.  Plaintiff has not yet responded to Defendant’s Bill of Particulars regarding an accounting of the alleged debt; any agreement giving rise to the alleged debt and Plaintiff assumes disputed facts and facts not in evidence.  Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to OC credit card.  Based on the foregoing, Defendant responds as follows: DENIED

The $ amounts in # 8 and #9 are different.  The amount in # 9 is less than the amount in #8.

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This also says Limited Civil Matter

SPECIAL INTERROGATORIES (SET ONE)

Please answer of otherwise respond to each of the following special interrogatories within 30 days after service of this document on you:

1.  (Hereinafter, "request" refers to and means "a request for the admission of a fact which is made by plaintiff in Set One of Plaintiff's Request for Admissions, dated (date prepared) and served within)  For each of your responses that is not an unqualified admission, please state all facts upon which you base that response, identifying that response by reference to the number of the request to which it is made.

 Defendant objects to the Special Interrogatories Set One on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060 (f)
No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question. Without waiving right to objection: Defendant has answered plaintiff's request for admissions and discovery is ongoing. Plaintiff bears the burden of proof, and defendant is not obligated to argue its case in discovery; but will litigate and defend actively at trial

2.  For each of your responses that is not an unqualified admission, please state the name, address and telephone number of all persons who have knowledge of the fats supporting your response, identifying that response by reference to the number of the request to which it is made.

My name, address & phone #

3.  For each of your responses that is not an unqualified admission, please identify all documents which support your response, identifying that response by reference to the number of the request to which it is made.

Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge,   possession, custody or control of the Defendant. Defendant has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because  such documents have never been in the possession, custody, or control of Responding Party.

Plaintiff should have in its possession any evidence it needs to support its claims.

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FORM INTERROGATORIES - LIMITED CIVIL CASES (ECONOMIC LITIGATION) - SET ONE

Sec 4 Definitions:  (a) (1) Incident includes the circumstances and events surrounding the alleged accident, injury or other occurrence or breach of contract giving rise to this action or proceeding.

101.0  Identity of persons answering these interrogatories

101.1 State the name, address, telephone number and relationship to you of each person who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.)

My name, address, phone #.  Should I indicate self?

102.0 General background info - individual

102.1 State your name, any other names by which you have been known and your address.

Current name.  Do I include prior married name & maiden name as well as current address?

102.2 State the date and place of your birth.

Defendant objects to this Interrogatory on the ground that this request seeks information not relevant to the subject matter of this litigation and is not reasonably calculated to lead to discovery of admissible evidence.

102.3 State as of the time of the incident your driver's license number, the state of issuance, the expiration date and any restrictions.

Defendant objects to this Interrogatory on the ground that this request seeks information that is personal and private, irrelevant and immaterial to the subject matter of this litigation and is not reasonably calculated to lead to discovery of admissible evidence.  (Code of Civ. Proc. section 2017.010.)

102.4 State each residence address for the last five years and the dates you lived at each address.

Defendant objects to this Interrogatory on the ground that it is compound in violation of California Code of Civil Procedure section 2030.060(f). Without forgoing objection Defendant states she lives at current address.

102.5 State the name, address and telephone number of each employer you have had over the past five years and the dates your worked for each.

Defendant objects to this Interrogatory on the ground that the information sought is improper as it goes toward post judgment remedies, which are only available to Plaintiff should it prevail in this lawsuit. Any attempt to contact any employer of the Defendant is prohibited by the Rosenthal Act and the Fair Debt Collections Act.

115.0 Claims and Defenses

115.2 State in detail the facts upon which you base your contention that you are not responsible, in whole or in part, for plaintiff's damages.

Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Defendant also objects on the ground that this interrogatory and complaint are vague in that they do not describe the alleged debt in full or any agreement giving rise to the alleged debt in sufficient detail to permit Defendant to respond. Defendant has requested through a Bill Of Particulars for Plaintiff to provide a full itemization of the account as well as any agreement giving rise to the alleged debt but Plaintiff has not yet responded. Defendant reserves the right to supplement her answer to this interrogatory in the event such information is provided.

150.0 Contract

150.1  Identify all documents that are part of the agreement and for each state the name, address and telephone number of the person who has each document.

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims. 

150.2  State each part of the agreement not in writing, the name, address and telephone number of each person agreeing to that provision and the date that part of the agreement was made.

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims.

150.3  Identify all documents that evidence each part of the agreement not in writing and for each state the name, address and telephone number of the person who has each document.

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims.

150.8 Identify each agreement excused and state why performance was excused.

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims.

150.9  Identify each agreement terminated by mutual agreement and state why it was terminated, including dates.

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims.

150.10 Identify each unenforceable agreement and state the facts upon which your answer is based. 

Defendant objects to this Interrogatory on the ground that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Without waiving forgoing objection: after a reasonable inquiry and diligent search, defendant has no agreements or documents supporting plaintiffs claims.

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I received almost the same questions from Winn. At the hospital right now,  I'll try posting some suggestions as soon as possible. 

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Welcome.   If you haven't sent your BOP do it now.  Plaintiff must respond in 15 days (plus 5 for mailing).  If plaintiff does not respond on time, or gives you a BS response, you can simply object to all of your discovery on that basis (see 1111girl's thread).

 

PM me with the name of your Judge.  You may have misread the comments at the CMC.  Judges are trying to get through lots of cases at the CMC and don't spend much time on any particular case.  Most of the judges in Contra Costa County are good and will be impartial in deciding each case.

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Thanks for responding  @calawyer You are quite the legend on this forum in the threads I've been reading.  I feel privileged and honored to have your assistance and appreciate it more than you can imagine

I have read 1111girls thread but have also read numerous others this week, so they're all a bit jumbled in my mind.  I'll have to go back and review hers specifically regarding the BOP response or lack thereof.

I did send a BOP on the 11th.  Do I count that as day one, so it would be due on the 30th or do I count the next day as day 1 and it would be due on the 1st? 

The lawyer in town that filled out my original response paperwork led me to believe the judge's do not look down on those of us representing ourselves, but that is not that way I felt while at the CMC.  There were not many people present that day, it started at 8:30, I was called maybe midway through the people and was in my car and leaving by 9:05.  She was rather abrupt with everyone I saw her interact with prior to me as well.  Again, it could have been my nerves, I'm just not sure, but I did not get a good feeling about her.

 

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@sadinca I posted a message last night, but am not sure why I'm not seeing it here.  Anyhow I just wanted to express my concern that you said you were in the hospital and also my astonishment that you would take the time to respond even while dealing with personal issues, I truly appreciate it!  You all on this board are saints!  I certainly hope all is well and I'm sending you warm wishes!

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I'm glad you already sent the bop.  The 15 days start running the day after the day of service.  How much time would you have left to answer their discoveries after the bop due date ? If you have enough time wait for their objections or deficient answers before you send Your answers to their discovery. 

 

I was at the hospital because I thought my baby girl was going to be born yesterday, but not yet. Thank you for your concern.

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Awww, congrat's on the upcoming delivery of your precious little one!  I'm glad it wasn't anything serious!  I have a son that is the light of my life but I have also always wanted a daughter!  Since my son is grown I'll have to wait for a daughter in law and hopefully many grand kids!

The BOP info is due from them on the 1st and my discovery answers are due to them on the 14th so I should have plenty of time.  I wouldn't have thought so but I got much more accomplished yesterday than I anticipated so I'm feeling better about it that I did previously. 

My main concern is how much they are going to put up a fight since it's an unlimited case it's for a rather significant sum of money.  I am not one to speak out in public or groups so the thought of going to trial and actually defending myself terrifies not just for the obvious reason but for my shyness as well.  I am getting pretty fired up though reading everyone's posts, the BS the JDB's put everyone through, etc and hopefully that will give me the gumption to face them in court.

Best wishes to you and your wife for a safe and speedy delivery!  Since I've been in her position before, I hope it's soon.

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Wanted to let you all know I updated my username so it wasn't as identifying.

Also, I have credit alerts on my SS # and Cavalry ran my credit yesterday.  Is that anything to be concerned about?

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Usually, debt collectors serve the BOP response late since there is no real penalty in the Code for a late response.  But even if it is not late, they will likely give you a few statements as opposed to the entire account and tell you that discovery is continuing and they reserve the right to give you more when they get around to it.

Either way, that gives you a great reason to object to their discovery.  How can you answer questions about the account if Plaintiff won't give it to you as the code requires.  I have worked on the objection since 1111girl.  That was just the first post where I thought up that response and I have tinkered with it since then.  I will post something a bit more refined when we know how plaintiff responds (or fails to respond) to your BOP. 

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So I heard back from them on the BOP request with a form letter, response and copies of the statements they previously provided when they sent me discovery.

The letter states:

We are in receipt of your demand for BOP.

Plaintiff's complaint filed on or about (dated filed) is for an account stated cause of action, in addition money lent.  In Ahlin v Crescent Commercial Corp the court held that in action for an account stated, the defendant is not entitled to a BOP since it's not necessary to prove the items of the account on which the account stated is based.  (Also held in Distefano v Hall) Plaintiff, Cavalry's response to your demand for BOP in the above matter is only applicable to the action for money lent.

Your demand for BOP is inapplicable as to the account stated cause of action.  Enclosed please find plaintiff's response to defendant's demand for BOP as to the money lent cause of action only.

The response states:

Plaintiff hereby responds to defendant's demand for BOP as follows:

Plaintiff objects to each and every demand to the extent that it calls for a response evidencing or embodying confidential communications between Plaintiff and their attorney, on the grounds that such communications are protected by the attorney-client privilege.

Plaintiff objects to each and every demand to the extent that it calls for a response evidencing or embodying the work product of his attorney.

Plaintiff has not completed his investigation of the facts relating to this case, has not completed his discovery in the case and has not completed his preparation for trial.  Thus, his responses and answers below are based solely upon info presently available to him.  Plaintiff anticipates that further discovery, independent investigation, legal research and analysis will supply additional facts and add new meaning to existing facts, as well as establish new factual conclusions and legal contentions, all of which may lead to substantial additions or changes to and/or variations from the info set forth below.  The following responses are given without prejudice to Plaintiff's right to produce evidence of subsequently discovered facts.  Accordingly, Plaintiff reserves the right to change any and all of his responses as additional facts are ascertained, legal research is completed and contentions are made.  The responses contained herein are made in a good faith effort to supply as much factual info as is presently known, but in no way should be to the prejudice of Plaintiff in relation to further discovery, research or analysis.  Plaintiff reserves the right to amend or supplement these responses should this become necessary or appropriate.

Without waiving such objections and reservations, Plaintiff responds to Defendant's demand as follows:

Plaintiff is only required to produce an itemization of the account alleged within the pleadings indicating what accounts are the subject of the lawsuit.  Plaintiff has been contacted by its attorneys of record and hereby complies with the BOP:  A diligent search and reasonable inquiry has been made in an attempt to locate the requested docs.  Plaintiff is continuing to search its records for docs that are responsive to this demand.  Plaintiff will comply with this request and will produce all non-privileged responsive docs in its possession, custody or control which are relevant to the issues in this litigation.  Attached hereto and incorporated herein are true and current copies of billing statements dated (lists dates of 11 statements included)

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They used to be numbered, but I don't see that anymore since they changed the format of the board.

You could always count, lol.

Based on their BS response, I would object to their discovery questions, using BOP as Calawyer suggested.

You could answer them something like this, but change them up so it does't look like you copied and pasted everything. 

" After a reasonable inquiry and diligent search Defendant has no records of this account except by the alleged evidence supplied by JDB's name. Plaintiff has not shown an  accounting of the alleged account, even after a BOP request was made, and DENIED  on the money lent cause of action.  therefore it calls for a legal conclusion as to the correctness of the alleged account.  Without a complete accounting, there is no way to assess the amount owed if any, or if alleged account is Defendants. "

 I would get my own discovery requests together and send it off to them.

I would ask for account agreement, bill of sale including the forward flow that lists My alleged account in the sale. There is a doc request list in homeless in ca's thread. 

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Thanks Shellieh98!  Lol, now I don't feel so stupid that I couldn't figure out the numbered posts. 

To clarify you mean me serving them with discovery, correct?  Also I've seen something called RFP - request for production, is that the same as serving them with discovery.

I have the RFP doc request from homelessinCA's thread and it's asking for all doc's:

'relating to or constituting any agreement between defendant and JDB'

'relating to or consulting any assignment to plaintiff of the account referred to in the complaint'

'constituting statements of the account showing all payments and credits from inception until present'

Does asking for all those items include the account agreement, bill of sale including the forward flow that lists the alleged account in the sale or do I need to put that wording in there as well?

Does including the above verbiage you posted object to their request for discovery as Calawyer said I should do?  Are you saying that's what I should put on the discovery they sent me?  I'm still learning all of the this including the lingo and from what I understand I think I should be doing a meet and confer followed by I believe a motion to compel, but am also a bit confused on the processes still.

Thanks in advance for any and all help.  You guys are truly angels sent from above!

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the RFP you have up there, number one, you would want to ask for all documents relating to or constituting any agreement between defendant and OC, referencing the alleged account number XXXXXX bearing defendant's signature.

there wouldn't be a contract between you and JDB, since JDB is alleging to be standing in the shoes of the OC.

I believe the objections you received from Winn law are the same objections I received during my case. let me review them and i'can type some suggestions.

 

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1.  Admit the genuineness of the docs attached, monthly statements for OC C/C with the account # XXXX

Denied. After a reasonable inquiry the information known or readily obtainable by him is insufficient to accurately respond to this request, therefore Defendant Denies.

Discovery is still ongoing and not complete, Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

2.  You applied for and opened a CC account with OC.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further objects on the ground that this Request is overbroad and would seek documents relating to accounts not at issue in this litigation.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by (him/her) is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: Denied.

            Defendant reserves the right to amend or supplement (his/her) answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

3.  A CC was issued to you by OC with the account # XXXX.

. Defendant Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by (him/her) is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: Denied.

            Defendant reserves the right to amend or supplement (his/her) answer to this request after Plaintiff complies in full with the Bill of Particulars.

4.  You used the CC and made charges and made payments to the OC.

Defendant Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by (him/her) is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: Denied.

            Defendant reserves the right to amend or supplement (his/her) answer to this request after Plaintiff complies in full with the Bill of Particulars.

5.  Monthly billing statements attached were mailed to you at (my address) indicating monthly debits, credit and payments made on the account.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further objects on the ground that this Request is overbroad and would seek documents relating to accounts not at issue in this litigation.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by (him/her) is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: Denied.

            Defendant reserves the right to amend or supplement (his/her) answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

6.  You were mailed and received a cardholder agreements for this OC.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further objects on the ground that this Request is overbroad and would seek documents relating to accounts not at issue in this litigation.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without waving foregoing Objection, Defendant responds as follows: Denied.

However, Discovery is ongoing and con complete. Defendant reserves the right to amend or supplerment (his/her) answers to this request after Plaintiff complies in full with the Bill of Particular.  

7.  The date of last payment or transaction occurred (lists date) on the OC.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without waving foregoing Objection, Defendant responds as follows: Denied.

However, Discovery is ongoing and con complete. Defendant reserves the right to amend or supplement (his/her) answers to this request after Plaintiff complies in full with the Bill of Particular.  

 

8.  On (specific date after date below) you were indebted to OC the sum of (lists amt) on an account stated for charges to your OC.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further Objects to Plaintiff’s reference to “your OC” as it calls for a legal conclusion. Defendant has denied liability for the alleged “account” and Plaintiff’s complaint is utterly devoid of any factual information regarding the alleged debt.

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without waving foregoing Objection, Defendant responds as follows: After a reasonably inquiry the information known or readily obtainable by (him/her) is insufficient to accurately respond to this request. Defendant has no records to support Plaintiff’s allegations and did not assent to any agreement of Account Stated charges to Plaintiff, therefore Defendant Denies.

            However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement (his/her) answer to this request after Plaintiff complies in full with the Bill of Particulars.

  

9.  On (specific date before date above) you were indebted to Plaintiff the sum of (lists amt) on an account stated for charges to the account.

Objection: Defendant objects to this request on the ground that this request is compound in violation of section §2033.060(f).

            Defendant further Objects on the ground that this request is vague in that the identity of the “account” actually at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” all credits that were made to the “account”, the price or charge for each item, materials or goods supplies or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff, objected and has not provided the complete “account.”

            Without waving foregoing Objection, Defendant responds as follows: Denied.

However, Discovery is ongoing and con complete. Defendant reserves the right to amend or supplement (his/her) answers to this request after Plaintiff complies in full with the Bill of Particular.  

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